July 17, 2018

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Pharmacy Board Releases Guidance on How to Issue a Valid Prescription

Ohio prescribers need to be aware of new rules for prescribing controlled substances that will take effect on December 29, 2017. First, prescribers will be required to include the first four characters of the ICD-10 diagnosis code or the full CDT procedure code on all prescriptions for opioids.[1] Similarly, beginning June 1, 2018, prescribers will need to include the ICD-10 diagnosis or CPT procedure code on prescriptions for all other controlled substances. In addition, prescribers will be required to indicate the days’ supply on all prescriptions for controlled substances and gabapentin starting June 1, 2018.

The aforementioned requirements follow previously enacted rules for prescribing opioid analgesics for the treatment of acute pain.[2] These rules, which became effective August 31, 2017, generally limit the prescribing of opioid analgesics for acute pain to no more than a seven (7) day supply for adults and a five (5) day supply for minors. Prescribers may prescribe opioids for an acute condition in excess of the day supply limits only if they provide a specific reason in the patient’s medical record. Finally, the acute prescribing rules also require that the total morphine equivalent dose (MED) not exceed an average of 30 MED per day.

To assist prescribers in complying with these and other requirements, Take Charge Ohio, in partnership with the State of Ohio Board of Pharmacy, recently published a guide entitled “Issuing a Valid Prescription – What Every Prescriber Needs to Know,” which can be accessed at:https://www.pharmacy.ohio.gov/Documents/Pubs/Special/DangerousDrugs/Issuing%20a%20Valid%20Prescription%20%20What%20Every%20Prescriber%20Needs%20to%20Know.pdf.

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About this Author

Daniel S. Zinsmaster, Dinsmore, Health Care Lawyer,
Associate

With extensive experience in the health care arena, Daniel provides trusted counsel to clients on a variety of matters, including administrative and disciplinary proceedings, as well as regulatory investigations and compliance. Prior to joining Dinsmore, Daniel practiced for nearly seven years with the State Medical Board of Ohio, where he advised Board members and agency personnel on issues related to the Medical Practices Act of Ohio, Chapter 119 Administrative Procedures, and federal rules and regulations implicating the area of health care. His experience with the...

(614) 628-6949
Sarah C. Persinger PharmD RPh, managed care lawyer & pharmacy benefits management attorney at Dinsmore Law Firm
Associate

Sarah is a member of our Health Care Practice Group. She holds a Doctor of Pharmacy degree and is a registered pharmacist with extensive pharmacy practice experience and a working knowledge of regulatory affairs. She has managed health system pharmacy compliance with Ohio State Board of Pharmacy, DEA, and CMS regulations, the federal 340B Drug Discount Program, USP 797 and FDA Sterile Compounding requirements, and Joint Commission and HFAP Accreditation standards. 

Sarah has a strong working knowledge of specialty pharmacy, managed care and pharmacy benefits management, HIPAA and healthcare information security, and trade association industry relations, as well as work experience in the retail, hospital, and long-term care pharmacy practice settings. 

Her experience enables her to provide comprehensive and strategic legal and compliance counsel to a wide variety of healthcare clients who operate in a complex and quickly-evolving regulatory environment. Sarah also provides legal services and advice throughout the lifecycle of complex healthcare transactions, and leverages her previous experience practicing pharmacy and managing health system pharmacy compliance, along with relationships she has developed with staff, members, and executive leaders of the Board of Pharmacy, to assist clients with obtaining licensure and navigating the board’s administrative hearing process.

Sarah has served as an adjunct professor at Ohio Northern University and visiting lecturer at Cedarville University, teaching about the legal and regulatory environment of the pharmaceutical industry and the profession of pharmacy.

(614) 628-6979
Sydney Pahren, Dinsmore Law Firm, Columbus, Corporate Law Attorney
Associate

Sydney is a member of Dinsmore’s Corporate Department, where she focuses her practice on health care law. 

She has experience researching legal issues in health care, litigation, labor & employment and corporate law. She is a graduate of The Ohio State University Moritz College of Law where she was an articles editor on the Ohio State Law Journal and an executive board member of the Black Law Students Association. 

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